# C_2007170EN.01001502.xml

| 21.7.2007 | EN | Official Journal of the European Union | C 170/15 |
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21.7.2007

EN

Official Journal of the European Union

C 170/15

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Reference for a preliminary ruling from the Hof van beroep te Antwerpen (Belgium) lodged on 23 May 2007 — Trespa International B.V. v Nova Haven-en Vervoerbedrijf N.V. and Meadwestvaco Europe B.V.B.A.

(Case C-248/07)

(2007/C 170/27)

Language of the case: Dutch

Referring court

Hof van beroep te Antwerpen

Parties to the main proceedings

Appellant: Trespa International B.V.

Appellant:

Respondents: Nova Haven-en Vervoerbedrijf N.V. and Meadwestvaco Europe B.V.B.A.

Respondents:

Questions referred

| 1. | Under Article 291 of Regulation No 2454/93 laying down provisions for the implementation of the Community Customs Code (1), as applicable during the period from 1 July 1997 to 15 May 1998 inclusive, who is ‘the person importing the goods or having them imported for free circulation’?: does this term include the customs agent which makes the customs declaration in its own name and for its own account or does it cover only the importer for which the goods are intended? |
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1.

Under Article 291 of Regulation No 2454/93 laying down provisions for the implementation of the Community Customs Code (1), as applicable during the period from 1 July 1997 to 15 May 1998 inclusive, who is ‘the person importing the goods or having them imported for free circulation’?: does this term include the customs agent which makes the customs declaration in its own name and for its own account or does it cover only the importer for which the goods are intended?

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| 2. | Is there a transfer of goods within the Community for the purposes of Articles 297 and 1a of Regulation No 2454/93 in the case where goods are imported into the European Union at Antwerp and then transported to the Netherlands and/or should the person referred to in Article 291 of Regulation No 2454/93 laying down provisions for the implementation of the Community Customs Code, as applicable during the period from 1 July 1997 to 15 May 1998 inclusive, in such a case hold the authorisation referred to in that article? |
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2.

Is there a transfer of goods within the Community for the purposes of Articles 297 and 1a of Regulation No 2454/93 in the case where goods are imported into the European Union at Antwerp and then transported to the Netherlands and/or should the person referred to in Article 291 of Regulation No 2454/93 laying down provisions for the implementation of the Community Customs Code, as applicable during the period from 1 July 1997 to 15 May 1998 inclusive, in such a case hold the authorisation referred to in that article?

| 3. | Does the term ‘transferee’ in Article 297 of Regulation No 2454/93 laying down provisions for the implementation of the Community Customs Code, as applicable during the period from 1 July 1997 to 15 May 1998 inclusive, refer to the customs agent which clears the goods inwards from outside the Community to a Member State of the European Union on behalf of the ultimate importer? |
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3.

Does the term ‘transferee’ in Article 297 of Regulation No 2454/93 laying down provisions for the implementation of the Community Customs Code, as applicable during the period from 1 July 1997 to 15 May 1998 inclusive, refer to the customs agent which clears the goods inwards from outside the Community to a Member State of the European Union on behalf of the ultimate importer?

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(1)  Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ 1993 L 253, p. 1).

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